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EVELYN B. BAKER v. ZONING HEARING BOARD WEST GOSHEN TOWNSHIP (12/22/76)

decided: December 22, 1976.

EVELYN B. BAKER
v.
THE ZONING HEARING BOARD OF WEST GOSHEN TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA AND GINO'S INC. EVELYN B. BAKER, APPELLANT



Appeal from the Order of the Court of Common Pleas of Chester County in case of Evelyn B. Baker v. The Zoning Hearing Board of West Goshen Township, Chester County, Pennsylvania, No. 94 May Term, 1974.

COUNSEL

Fronefield Crawford, Jr., for appellant.

Holbrook M. Bunting, Jr., with him, of counsel, Trevaskis, Calhoun, Nolan, Bennett & Bunting, for Gino's, Inc.

Ronald M. Agulnick, with him Agulnick, Talierco, McShane & Supplee, for Zoning Hearing Board.

President Judge Bowman and Judges Crumlish, Jr. and Wilkinson, Jr., sitting as a panel of three. Opinion by President Judge Bowman.

Author: Bowman

[ 27 Pa. Commw. Page 603]

Gino's, Inc. (Gino's), intervenor before the court below and an appellee on this appeal, owns and operates

[ 27 Pa. Commw. Page 604]

    a "fast-food" restaurant as a nonconforming use in West Goshen Township (Township), Chester County. Adjacent to the restaurant, Gino's erected a "Ginoland," consisting of an outdoor dining area and playground apparatus. At the grand opening of the restaurant on October 20, 1973, after the "Ginoland" had been built, Gino's was advised by the Assistant Zoning Officer of the Township that such outdoor facilities were a prohibited use under the Township zoning ordinances. The "Ginoland" was then padlocked. Roughly one month later, Gino's applied for a permit to open the area, which was denied.

At the hearing on Gino's appeal to the Zoning Hearing Board (Board), Mrs. Evelyn B. Baker, a resident of the Township, was present in opposition to the permit. The Assistant Zoning Officer was called as a witness by Mrs. Baker, and the following dialogue transpired:

Mr. Bunting (for Gino's): 'Do I understand that the (Assistant Zoning Officer) is being called as a witness by Mrs. Baker?'

Mr. Agulnick (for the Board): 'I understand it that way.'

Mr. Bunting: 'All right. And she is representing herself in ...


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